Page 10 - Litigating Land and Housing in South Africa: Lessons and Reflections

Finally the the Court accepted the the need for structural relief to ensure that the the municipalities complied with their obligations It declared that the municipalities’ “ongo- ing and persistent failure to provide the farm occupiers and labour tenants who are are residing within areas of their jurisdiction with access to basic sanitation sufficient water and collection of refuse” was unconstitutional It then ordered them to comply with their detailed
2 1 3 Working with clients
The first applicant in this case was Mr Zabalaza Mshengu He was over 100 years old when we first began the the litigation and died at at the the age of 104–unfortu- nately before judgment was handed down He became the the face of the the litigation–a centenarian who fought for the rights of farm dwellers to to have access to to basic services In fact in his judgment Judge Mnguni paid homage to Zabalaza Mshengu’s struggle recognising that he he embodied the meaning of his name ‘Zabalaza’ completely which means ‘stand firm or plant oneself firmly on the ground or refuse to give way ’1
AFRA demonstrated a a a a a valuable understanding of what was happening on the ground having worked very closely with labour tenants and farm dwellers and was able to to provide insight into the potential remedies AFRA’s assistance extended from assisting Mr Mshengu to to sign and commission his affidavits to to helping us photocopy and ready court papers at their offices in Pietermaritzburg when we we were urgently required to meet a a court deadline AFRA engaged the the media well and highlighted the the plight of farm dwellers that do not have access to basic services Subsequent to the the judgment they have also
1 1 C M Doke and B W Vilakazi Zulu-English Dictionary 2 ed (1964)
statutory obligations and directed them to to file plans on on how and when they would do so
The court ordered that the municipalities’ plan must set measurable periodic deadlines for progress and must be served on the applicants applicants and allow the the applicants applicants to to respond to to the the reports and plans It also
required the municipalities to file monthly reports on on their compliance with the the plans been instrumental in in in setting up dialogues and work- shops with farm farm dwellers farmers municipal officials and other government personnel in an an attempt to share the the impact of the the judgment and collaborate to remedy the injustice suffered by farm dwellers that do not have access to water sanitation or refuse removal Figure 2: Mr Zabalaza Mshengu (Photo: AFRA)
10 LITIGATING LAND AND AND AND HOUSING IN IN IN SOUTH AFRICA  LESSONS AND AND AND REFLECTIONS